HOA Law: Expert Advice, Published in Law Week Colorado

Quoted in an article published in Law Week Colorado, Senior Associate Kate Willard explains how HOAs and other community associations may require legal help enforcing their rules. In cases where homeowners are not observing HOA regulations, attorneys may need to get involved.

 “Disputes often arise regarding covenant enforcement, [like] a homeowner being required to maintain their property in a certain way, a homeowner being limited with what they can build on their property,” said Willard. “Disputes frequently arise regarding that, as well as disputes about … the HOA providing proper notice regarding the covenants or collections.” 

 Willard added that HOAs must abide by federal and state anti-discrimination laws. However, any actions taken against certain residents could be perceived by those very residents as evidence of discrimination.

 “Sometimes it’s not obvious whether a rule or whether an action is discriminatory in nature,” Willard said. “Discrimination under the [Fair Housing Act] doesn’t necessarily have to be intentional in order to be problematic.”

 Read the story in full; click here.